12-G:52-b Impoundment and Forfeiture of Vessels and Moorings. –
I. The division director, the chief harbor master, or the deputy chief harbor master may impound or order the removal and storage of any vessel or mooring found to be in violation of RSA 12-G:50-a or any rule adopted pursuant to this chapter. All reasonable charges for such impoundment, removal, and storage shall be a lien against the vessel.
II. The division director shall notify the owner, if known, of the fact of such impoundment, removal, and storage. If the vessel is registered in this state, such notification shall be mailed to the person identified as the owner on the vessel registration at the address listed on such registration. In all other cases, notice shall be placed on file with the division director and published in a newspaper of general circulation.
III. The owner of the vessel or mooring impounded pursuant to this section may redeem the vessel or mooring within 90 days of its removal by payment of all charges and fees incurred by the division related to the impoundment, removal, and storage of such vessel or mooring and release the lien identified in paragraph I.
IV. No person who impounds, removes, or stores or who is in charge of the impoundment, removal, or storage of such vessel or mooring shall be liable for any damages to the vessel or mooring arising out of the impoundment, removal, or storage thereof.
V. Upon the expiration of the 90-day period identified in paragraph III, the division director may dispose of any unredeemed vessel or mooring by destroying such vessel or mooring or by offering such vessel or mooring for sale at public auction or the division director may retain such vessel or mooring for use by the state; provided, however, if the vessel or mooring is sold or retained, the purchaser or the state, in the event of retention, shall pay the cost of impoundment, removal, and storage, and shall obtain release of the lien identified in paragraph I. Any money received by reason of sale of such vessel or mooring at public auction shall be deposited in the Pease development authority ports and harbors fund established in RSA 12-G:37.
VI. Nothing in this section shall be construed to limit, restrict, or modify in any way authority granted to the commissioner of safety or the director of state police to remove or impound boats or moorings pursuant to RSA 270 or RSA 270-B.